5 May 2026
1. ) Tea Chun Hia @ Teoh Chun Hia 2. ) Lee Chee Khoon 3. ) Lee Hui Khoon 4. ) Lee Wooi Khong Lim Peng Khoon
- Citation
- A-01(NCvC)(W)-193-04/2023 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- A-01(NCvC)(W)-193-04/2023 (Mahkamah Rayuan)
The Court held that (1) the Respondent's claims were proprietary not debts provable in bankruptcy so s.8(1)(a) did not bar delivery of judgment after the third appellant was adjudged bankrupt; leave is required only to enforce monetary judgments against the bankrupt estate; (2) the mandatory presumption under s.85 Evidence Act and s.3(2) Powers of Attorney Act is rebuttable and was successfully rebutted on the facts by forensic evidence, non-production of originals, contradictory testimony of the attesting officer and circumstantial indicia; (3) documents listed in Part B are not automaticall…
- Section 8(1)(a) insolvency act – leave to proceed after bankruptcy
- Presumption under s.85 evidence act for powers of attorney
- Deeming provision s.3(2) powers of attorney act
- Burden of proof and shifting evidential burden
- Admissibility of part b bundle documents
- Forgery of documents and expert forensic opinion